Also published in International law studies, Vol. 87, 2011, p. 89-110
Abstract:
This article examines three central international humanitarian law issues raised by cyber operations mounted during armed conflicts : the principle of distinction, direct participation by civilians in hostilities and classification of conflict. It makes no effort to explore the jus ad bellum. Attention is drawn to the ongoing efforts of a group of international experts working under the auspices of the NATO Cooperative Cyber Defence Centre of Excellence to draft a "Manual on the International Law of Cyber Warfare". The said Manual, albeit soft law, will help clear much of the legal fog of cyber warfare.
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